April 23, 2012

Circle The Damn Wagons And Move On (In A Circle...)

The clip was first broadcast on March 22, but no one noticed until it was rebroadcast on March 27. Later, when word of the misleading edit got out, everyone from Sean Hannity to Jon Stewart reacted with disbelief, with good reason.

Some went on to draw a line from NBC to MSNBC and its aggressive coverage of the incident and then on to the Rev. Al Sharpton, who has tried — awkwardly and unsuccessfully — to tread the line between talk show host and advocate.

People I talked to in and around NBC say it was idiocy, not ideology, that led to the edit, and that seems like a reasonable explanation, so I’m not buying that part about it being one more example of the liberal plot to subvert America.

The NY Times doesn't see any liberal bias in the media? We look forward to their hard-hitting look at whether fish feel wet.

Mr. Carr provides lots of this and that about not much, and absolutely ZERO on the fact that NBC Miami, a wholly owned affiliate, ran three text stories on their website from March 19/20 with the misleading edit. Just as the Today Show cited time constraints, I have no doubt that NBC Miami would cite a pixel contraint, if anyone ever asked them about it.

The TODAY show broadcast truncated a portion of George Zimmerman’s conversation with a police dispatcher, and that truncated interview appeared on TODAY.com and msnbc.com. The video was removed from the site on March 30, as NBC News launched an internal investigation. On April 3, NBC News issued this statement: “During our investigation it became evident that there was an error made in the production process that we deeply regret. We will be taking the necessary steps to prevent this from happening in the future and apologize to our viewers.”

Well that's clear! Other than omitting the dates the error was broadcast, just for starters.

"People I talked to in and around NBC say it was idiocy, not ideology, that led to the edit, and that seems like a reasonable explanation." -- Complete and utter BS. Everytime one of these journalism frauds is committed-- it's always someone Libs detest that's the victim-- George HW Bush and Gary Sick's October Surprise, Richard Jewell, Chevy Pick up trucks, Alar, AGW, TANG, and on and on. 'Mistakes were made' BS --it ALWAYS starts with ideology, the media just decides today's conservative target.

The strongest defense of MSM I've heard comes from a relative (a born and bred Dem) who lives in Florida. She said she didn't think the editing reflected bias, it simply reflected the media's desire to milk this case for all it was worth. She is fuming at MSM for this. She says there are many spots in Florida where racial tensions, including Hispanic-black tensions, are bad enough without MSM experimenting with gasoline and matches.

So, I guess the defense of MSM is that they weren't biased, but they knowingly manipulated the story to exploit racial tension for ratings purposes.

I thought Carr's piece was about as good as one could expect from the NYT. The Capus quotes included laughers like this one to explain why they didn't rectify their error on air:

"Mr. Capus said that they were so busy cleaning up the mess “inside our own halls,” that they neglected to loop in the audience. In that sense, the process was probably too “self-reflective,” he added.

What, no love for ABC News ? The network with their ace reporter Matt Gutman covering the story that on 3/17 tweeted, "Sanford FL neighborhood watch captain who shot 17 yr old teen bc he was black, wore hoodie walking slowly, likely not 2 be arrested".

How long you think before a bunch of NBPP types break into their office in Sanford and try to find out where GZ is hiding? Better yet, just get his latest GPS coordinates off the monitor. You know the media is on this like flies on s**t and you can expect that Michael Smith of Magic Bail Bonds will be carrying and looking over his shoulder every day.

Listening to Megyn FOX on the John Edward's Trial we hear that, according to John Edward's ex-staffer Andrew Young, Rielle Hunter has the following opinion of the Love Child:

"She (Rielle) was a New Age Spiritualist. She truly believed that the baby was the Reincarnation of a Buddhist Monk that had died just before the baby was born, and the baby was the combination of the Senator's charisma and intellect and her New Age Spiritualism and it was sent here not just to save the United States but the Universe."

I don't know about you guys, but trying to keep up with TM's output lately I feel like Sisyphus. Roll the stone up to the top of the hill, finally catch up with the comments, then it rolls down the other side, so you chase after it, discover you're suddenly another hundred comments behind, and roll the damn thing back up the hill again...etc...

Court records show Zimmerman's arraignment was moved up to May 8, a hearing during which a defendant formally enters a plea. That, though, was made moot by his lawyer filing a written not guilty plea several days ago.

Those newly-released court records also reveal that prosecutors didn't want Zimmerman wearing a suit – civilian clothes of any kind – at Friday's bond hearing. That, wrote Bernie de la Rionda, was an unwarranted attempt to polish Zimmerman's media image.

The judge said yes to the suit, and the defendant wore an over-sized blue one, but the judge also ordered him to wear shackles, another rule O'Mara had asked the judge to relax.

At Friday's bond hearing, Special Prosecutor Angela Corey and prosecutor Bernie de la Rionda failed to convince the judge that Zimmerman should stay locked up.

According to the Seminole County website, Electronic Monitoring Protection and Crime Tracking program "provides real-time, 24/7 monitoring of offenders' whereabouts via GPS mapping. Offenders are subject to immediate arrest if they break the rules, for example leave the area where they've been ordered to stay or tamper with their monitoring equipment.

It sounds to me as if the judge is letting Bernie know that he better bring some meat to the table or his sorry ass case is going in the dumpster where it belongs. I know O'Mara is competent to work in the grist mill but I'm hoping his motion to dismiss is polished to a mirror finish not normally seen in trial courts.

Is denial of a motion to dismiss subject to immediate appellate review or does the circus just stumble forward with Bernie in a clown suit doing face plants in the center ring?

True, crimso. Of course, when the MSM refers Breitbart's video of Shirley Sherrod, which actually was truncated (not by him, even), they use the word "edited." Now would that be idiocy or ideology, hmm?

O'Mara also demanded all the evidence the state has gathered against his client, something routine in criminal cases. What's important in this filing, though, is the likely delivery date: this Friday [April 27].

Funny thing about he docket, now it's back to showing just April 12 entries, while over the weekend I was able to see entries dated April 20 (yes, I save them).

Anyway, no matter. Sounds like O'Mara was on the ball, sandbagged the press and the public by saying that he couldn't file a Notice of Discovery until the May 29 arraignment, when as a review of FL Rules showed he could file it after the information was filed [April 11].

-- Is denial of a motion to dismiss subject to immediate appellate review or does the circus just stumble forward with Bernie in a clown suit doing face plants in the center ring? --

Good question about the Motion to Dismiss for failing to include all the elements of the charged crime. I know the immunity motion is appealable, pre trial, and I would assume that both issues would go to the appellate court simultaneously.

That cuts both ways on immunity. Corey will appeal a decision to grant Zimmerman immunity.

"In all criminal prosecutions (except those of Hispanic on Black crime), the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence."

RickB-- I think there is going to be some litigation trench warfare here for a while. O'Mara has GZ out of jail, so O'Mara is in no hurry now. he'll serve his discovery demand notice, the State has 15 days to disclose. I strongly suspect that the State will not voluntarily disclose everything O'Mara demands, citing witness confidentiality, atty work product and privilige etc, and probably move for a partial protective order -- in part based on GZ planning an Immumity Demand. I don't think the State is in any hurry either. Judge Lester will sort it out, probably by giving O'Mara about everything he requests. Then what? -- a Florida Practioner has to help out here; doe he move to reduce/dismiss charges? does he demand an Immunity Hearing-- what is the expected procedural sequence and timing?

Bless you sue. Was his wife from his hometown? I saw she was living in Savannah near Hunter. I could see from his bio he was collecting the next step in schools every time he came back from deployments. That's what they do with those who show great leadership and skills.

I now have an offroad dirt bike stored from my adrenalin junkie. Bought it as soon as he got back and then burned himself with the muffler.

Includes links to copies of the documents. I don't see a Notice of Discovery in there, as a separate document. I wonder how the one news account reached the conclusion that the state had until April 27 to comply.

Those backwater nincompoops better be glad they didn't show their faces around here. The couldn't have gotten close to the family, though. The Patriot Guard Riders were out in full force, so there might have been rumors.

Interesting to me to see FOX Business News covering a protest by American Airlines Stewardess's and Stewardai protesting against their American Airlines Management and carrying signs saying they hope they get bought out by US Air.

O'Mara also demanded a statement of particulars, under Rule 3.140(n). This is a sort of "improved charging document," where the state is obliged to go into more detail about how the facts alleged are sufficient to sustain the elements of the charge.

Zimmerman also waived personal appearance at arraignment, so we won't see him on May 8th.

This case is finished, except for the behind the scenes death struggle of Corey and her yap dog, de la Riona

Redbrow raises a good point. The obnoxious stuff from Corey about the suit of clothes and $1M Bond means to me she will litigate the case viciously ... uh.. I mean vigorously. She'll stall on discovery, she'll hope GZ gets into trouble and gets his bond revoked, she'll oppose Immunity, make the smallest possible showing of evidence in response to the demand for particulars. All of the predictable lawyer games. Trench warfare-- this case drags IMO.

There's more humor in there. O'Mara moved for both, civilian clothing, and no restraining shackles. The state focused on the appearance created by the suspect's clothing, and made no argument based on safety due to shackles. So, the thing the state argued most for, it lost, and what it argued least for, it was awarded.

That denial of civilian clothes thing (motion?) was signed by Bernie. The chutzpah of #7's charge that O'Mara wants GZ in civilian clothes in order to present an "affirmative image", given the outright lies Bernie put in the affidavit to blacken GZ's image without evidence (thank you, Gilbreath), is really amazing.

-- You lost ignorant me, cboldt, at "the press got sandbagged," but I hope you'll expand on the meaning of "This case is finished." --

O'Mara told the press that he would not get the state's evidence file until mid-June, citing a May 29 arraignment plus 15 days. At the time he gave them that information, he probably knew that he was filing a Notice of Discovery, and would have the material before the end of April. The press has been touting that this case was going to drag on and on and on and on and on and on ... and so forth. It's not.

As for "case over," Zimmerman won't be seen inside a court again, on this incident. The bait for the press is absent. The law will work in pre-trial motions, with Zimmerman free, until the Motion for Immunity is finally resolved. I think that will resolve in Zimmerman's favor by mid-June, maybe by Mid-May. Corey will appeal it, and lose the appeal. That's it - case over. The law works!

The "hard hitting" part is over. Zimmerman's release. The judges can work in relative peace and quiet, as the media lacks the skill to present pre-trial motions as compelling news.

I note that it contains a request for "trial by jury." Is that final? I know there was some speculation that they'd opt for a judge instead. Of course, it's moot if it never gets to a trial, but still, in the event it does, I might think a judge would be safer.

-- I note that it contains a request for "trial by jury." Is that final? --

Clarice has the answer there. I'll add my two cents, this isn't going to get to a trial. I predict Judge Lester will find self defense to a preponderance of the evidence, and Zimmerman will be granted immunity. Corey will appeal that, and will lose the appeal.

I think Judge Lester got his main question answered when Gilbreath told him the gun was fired at such close range that gunshot residue and stippling were found on TM. I still contend that Judge Lester asked that question of Gilbreath directly, because I saw it. CNN's transcripts apparently don't include whatever's missed during their frequent commercials, but a female voice on CNN said something like, "We're now going to a commerical but the hearing in also being aired on our sister station HLN", so I was switching back and forth and saw more than the transcript contains. Note to self: never trust a CNN transcript to be a complete record.

As far as restraints the judge said go with the standard polices of the sheriffs office (not because Z was a danger). Plus it is more than outweighed by the fact the state wanted no bail and the judge allowing $150k ($15k cash). That is more telling.

The loss of the orange jumpsuit costume was a heavier blow to Bernie than the ridiculous shackles were to O'Mara. Selecting a suit that was too big was a very nice gesture on O'Mara's part and drawing a nice tall bailiff was a definite plus. If you're going to read the judge, then you have to read the nuance. I saw nothing that added up to awarding Bernie other than a nice goose egg.

-- I still contend that Judge Lester asked that question of Gilbreath directly, because I saw it. --

I hope you don't think I found the contention incredible, and I agree that CNN transcripts are flaky (I've seen cross mis-attribution, where in the transcript, the host speaks as the guest and vice versa). I was just looking for a citable reference.

My sense is that Judge Lester has seen his share of shenanigans from both defendants and from prosecutors, and he's going to make up his own mind based on the evidence, not on the fury and other emotional rah-rah that either party uses to advance its side.

If Lester asked about the evidence pertaining to the closeness of the gun to the victim, it shows he knows enough abut the case, he's interested in the case, and the prosecution is going to have to show how Martin was not a threat. IOW, not that he can come out and say it, but the self-defense burden just shifted to the prosecution.

Although Z-man is "indigent", I saw speculation earlier that O'Mara could get a nice payday with a follow-on case to protest this being brought to trial, or perhaps against the media or the Crump law firm.
Idle speculation? Or does this happen from time to time?

I also like that O'Mara said the condolences were a response to Sybrina's remark in a presser. But (my paraphrase) now that he knows Sybrina's remark wasn't sincere, don't expect Zimmerman to make further remarks of sorrow. The ball is in Crump's court, as to what the Martin family wants from Zimmerman, personally, outside of the legal process.

Yes, Tom, the residue/stippling admission by Gilbreath was reported, but the fact that it was Judge Lester's direct (and only) question..."Do you know how close the gun was to the victim when it was fired?" Gilbreath's answer: either "Close" or "very close"...that Gilbreath was responding to, not Bernie or O'Mara.

As for "case over," Zimmerman won't be seen inside a court again, on this incident.

You don't think he'll have to testify in the immunity hearing? I would think that before a judge releases Zimmerman (assuming that occurs), he'd want to hear his direct and cross-examined testimony. How else would Zimmerman's version of events come in? I'm almost certain hearsay is generally inadmissible in an immunity hearing, so his affidavits and testimony to the police can't be used by the defense.

I'd say yes to body armor. It may well be a sheriff department response to the death threats by the New Black Panther Wing of the Black Klan. My point was that Bernie's desire to dress the stage by selecting costumes was denied in a manner which demonstrated the judge's reluctance to turn his court room into center ring. He's no Ito.

Crystal Ball-- I think motion practice takes several months, not weeks. Lester denies the Immunity Motion, a plea is quietly arranged after elections, with the understanding from the Romney Admin, that there will be no federal charges.